(A) General. Whenever the public necessity, convenience, general welfare, or good zoning practice require the amendment, supplement or change in the regulations, district boundaries or reclassification of property, now or hereafter established by this title or amendments thereto, the amendment may be proposed by:
(1) A member of a participating legislative body, to that body;
(2) The Plan Commission to the Town Council of the town; or
(3) By petition of the owners of property of 50% or more of the area involved in the petition either to the body having legislative authority over the land or to the Plan Commission. Any proposed ordinance for the amendment, supplement, change, or repeal of this title shall be referred to the Plan Commission for consideration and report before any final action is taken by a legislative body.
(B) Area for rezoning. In case of a petition for a change in the zoning of property, the Plan Commission may consider whether the area described in the original petition should be enlarged, reduced or modified in order to reflect the interests of the community and to correspond with the Comprehensive Plan. The Plan Commission may recommend to the Town Council such enlargement, reduction or modification if any, as it may deem desirable, provided the Plan Commission properly notifies any and all persons affected by such enlargement, reduction or modification.
(C) Plan Commission initiation. The Plan Commission shall carry on a continual study of zoning, zoning techniques and the relation of zoning to private developments and public improvements and the Comprehensive Plan for the orderly growth of the town and may from time to time submit recommendations as to the amendment of this title to the Town Council.
(D) Basis for recommendations. In reviewing and formulating recommendations to the Town Council as to requested or proposed changes in this title, the Plan Commission shall consider and evaluate the change in relation to the following aspects of the Comprehensive Plan:
(1) The land use pattern of the town.
(2) The transportation system of the town.
(3) Other parts of the Comprehensive Plan deemed pertinent by the Plan Commission.
(4) Whether there have been substantial changes in the character, development of areas in or near the area under consideration.
(5) The purposes and objectives of this title as outlined in Chapter 170.
(E) Conditional rezoning. No amendment to this title to rezone property shall contain conditions, limitations, or requirements not applicable to all other property in the zoning district to which the particular property is rezoned.
(F) Limit on petitions. The following time limitations shall apply to petitions for rezonings or variances:
(1) Whenever the Plan Commission has taken action to recommend denial of a petition for rezoning of property, the Plan Commission shall not consider any further petition for the same rezoning of any part of the same property for a period of 6 months from the date of such action.
(2) Whenever the Board of Zoning Appeals has taken action to recommend denial of a petition for a variance on any property, the Board shall not consider a petition for a variance on any part of the same property for a period of 6 months from the date of such action.
(3) Whenever the Town Council has changed the zoning of property by an amendatory ordinance, the Town Council shall not consider any petition for rezoning of any part of the same property for a period 6 months from the effective date of the amendatory ordinance.
(Ord. 2017-02, passed 2-20-2018)